Pure Bamboo, LLC, Appendix A - Federal Trade Commissioncovers, blankets, comforters, pillows, pillowcases, quilts, bedspreads, pads, and all other textile fiber products used or intehded

Appendix A

16 CFR Ch. 1 (1-1-08 Edition)

indirectly in labeling, invoicing or ad-vertising such products. (For example,a fur product made by the skin-on-skinmethod should not be represented ashaving been made by the letout meth-od.)

(b) Where a fur product is made bythe method known in the trade as let-ting-out, or is made of fur which hasbeen sheared or plucked, such factsmay be set out in labels, invoices andadvertising.

§ 301.46 Reference to guaranty by Gov-

ernment prohibited.

No representation nor suggestionthat a fur or fur product is guaranteedunder the act by the Government, orany branch thereof, shall be made inthe labeling, invoicing or advertisingin connection therewith.

§ 301.47 Form of separate guaranty.

The following is a suggested form ofseparate guaranty under section 10 ofthe Act which may be used by a guar-antor residing in the United States, onand as part of an invoice in which themerchandise covered is listed and spec-ified and which shows the date of suchdocument, the date of shipment of themerchandise and the signature and ad-dress of the guarantor:

We guarantee that the fur products or fursspecified herein are not misbranded norfalsely nor deceptively advertised orinvoiced under the provisions of the FurProducts Labeling Act and rules and regula-tions thereunder.

§ 301.48 Continuing guaranty filedwith Federal Trade Commission.

(a)(1) Under section 10 of the Act anyperson residing in the United Statesand handling fur or fur products mayfile a continuing guaranty with theFederal Trade Commission. When filedwith the Commission a continuingguaranty shall be fully executed in du-plicate. Forms for use in preparing con-tinuing guaranties shall be supplied bythe Commission upon request.

(2) Continuing guaranties filed withthe Commission shall continue in ef-fect until revoked. The guarantor shallpromptly report any change in businessstatus to the Commission.

(3) The prescribed form for a con-tinuing guaranty is found in §303.38(b)

of this chapter. The form is availableupon request from the Textile Section,Enforcement Division, Federal TradeCommission, 600 Pennsylvania Avenue,NW, Washington, DC 20580.

(b) Any person who has a continuingguaranty on file with the Commissionmay, during the effective date of theguaranty, give notice of such fact bysetting forth on the invoice or otherpaper covering the marketing or han-dling of the product guaranteed the fol-lowing: "Continuing guaranty underthe Fur Products Labeling Act filedwith the Federal Trade Commission."

(c) Any person who falsely representsin writing that he has a continuingguaranty on file with the FederalTrade Commission when such is not afact shall be deemed to have furnisheda false guaranty under section 10(b) ofthe Act.

[26 FR 3188, Apr. 14, 1961, as amended at 48FR 12517, Mar. 25, 1983; 63 FR 7517, Feb. 13,1998; 63 FR 71583, Dec. 28, 1998]

§ 301.48a Guaranties not received in

good faith.

A guaranty shall not be deemed tohave been received in good faith withinthe meaning of section 10(a) of the Act:

(a) Unless the recipient of such guar-anty shall have examined the requiredlabel, required invoice and advertise-ment relating to the fur product or furso guaranteed;

(b) If the recipient of the guarantyhas knowledge that the fur or fur prod-uct guaranteed is misbranded, falselyinvoiced or falsely advertised.

[26 FR 3188, Apr. 14, 1961]

§ 301.49 Deception in general.

No furs nor fur products shall be la-beled, invoiced, or advertised in anymanner which is false, misleading ordeceptive in any respect.

PART 303-RULES AND REGULA-TIONS UNDER THE TEXTILE FIBERPRODUCTS IDENTIFICATION ACT

Sec.303.1 Terms defined.303.2 General requirements.303.3 Fibers present in amounts of less than

5 percent.303.4 English language requirement.

§ 301.46

HeinOnline -- CFR 220 2008

Federal Trade Commission

303.5 Abbreviations, ditto marks, and aster-isks prohibited.

303.6 Generic names of fibers to be used.303.7 Generic names and definitions for

manufactured fibers.303.8 Procedure for establishing generic

names for manufactured fibers.303.9 Use of fur-bearing animal names and

symbols prohibited.303.10 Fiber content of special types of prod-

ucts.303.11 Floor coverings containing backings,

fillings, and paddings.303.12 Trimmings of household textile arti-

cles.303.13 Sale of remnants and products made

of remnants.303.14 Products containing unknown fibers.303.15 Required label and method of

affixing.303.16 Arrangement and disclosure of infor-

mation on labels.303.17 Use of fiber trademarks and generic

names on labels.303.18 Terms implying fibers not present.303.19 Name or other identification required

to appear on labels.303.20 Registered identification numbers.303.21 Marking of samples, swatches, or

specimens and products sold therefrom.303.22 Products containing linings, inter-

linings, fillings, and paddings.303.23 Textile fiber products containing su-

perimposed or added fibers.303.24 Pile fabrics and products composed

thereof.303.25 Sectional disclosure of content.303.26 Ornamentation.303.27 Use of the term "All" or "100%."303.28 Products contained in packages.303.29 Labeling of pairs or products con-

taining two or more units.303.30 Textile fiber products in form for con-

sumer.303.31 Invoice in lieu of label.303.32 Products containing reused stuffing.303.33 Country where textile fiber products

are processed or manufactured.303.34 Country of origin in mail order adver-

tising.303.35 Use of terms "virgin" or "new."303.36 Form of separate guaranty.303.37 Form of continuing guaranty from

seller to buyer.303.38 Continuing guaranty filed with Fed-

eral Trade Commission.303.39 Maintenance of records.303.40 Use of terms in written advertise-

ments that imply presence of a fiber.303.41 Use of fiber trademarks and generic

names in advertising.303.42 Arrangement of information in adver-

tising textile fiber products.303.43 Fiber content tolerances.303.44 Products not intended for uses sub-

ject to the act.303.45 Exclusions from the act.

§303.1

AUTHORITY: 15 U.S.C. 70 et seq.

SOURCE: 24 FR 4480, June 2, 1959, unless oth-erwise noted.

§303.1 Terms defined.

As used in this part, unless the con-text otherwise specifically requires:

(a) The term Act means the TextileFiber Products Identification Act (ap-proved September 2, 1958, 85th Con-gress, 2d Sess.; 15 U.S.C. 70, 72 Stat.1717).

(b) The terms rule, rules, regulations,and rules and regulations mean the rulesand regulations prescribed by the Com-mission pursuant to section 7(c) of theAct.

(c) The definition of terms containedin section 2 of the Act shall be applica-ble also to such terms when used inrules promulgated under the Act.

(d) The term United States means theseveral States, the District of Colum-bia, and the Territories and possessionsof the United States.

(e) The terms required information andinformation required mean such infor-mation as is required to be disclosed onlabels or invoices and in advertisingunder the Act and regulations.

(f) The terms label, labels, labeled, andlabeling mean the stamp, tag, label, orother means of identification, or au-thorized substitute therefor, requiredto be on or affixed to textile fiber prod-ucts by the Act and regulations and onwhich the information required is toappear.

(g) The terms marketing or handlingand marketed or handled, when appliedto textile fiber products, mean any oneor all of the transactions set forth insection 3 of the Act.

(h) The terms invoice and invoice orother paper mean an account, order,memorandum, list, or catalog, which isissued to a purchaser, consignee, bail-ee, correspondent, agent, or any otherperson, in writing or in some otherform capable of being read and pre-served in a tangible form, in connec-tion with the marketing or handling ofany textile fiber product transported ordelivered to such person.

(i) The term outer coverings of fur-niture, mattresses, and box springs meansthose coverings as are permanently in-corporated in such articles.



(j) The term wearing apparel meansany costume or article of clothing orcovering for any part of the body wornor intended to be worn by individuals.

(k) The term beddings means sheets,covers, blankets, comforters, pillows,pillowcases, quilts, bedspreads, pads,and all other textile fiber productsused or intehded to be used on or abouta bed or other place for reclining orsleeping but shall not include fur-niture, mattresses or box springs.

(1) The term headwear means any tex-tile fiber product worn exclusively onor about the head or face by individ-uals.

(m) The term backings, when appliedto floor coverings, means that part of afloor covering to which the pile, face,or outer surface is woven, tufted,hooked, knitted, or otherwise attached,and which provides the structural baseof the floor covering. The term backingshall also include fabrics attached tothe structural base of the floor cov-ering in such a way as to form a part ofsuch structural base, but shall not in-clude the pile, face, or outer surface ofthe floor covering or any part thereof.

(n) The term elastic material means afabric composed of yarn consisting ofan elastomer or a covered elastomer.

(o) The term coated fabric means anyfabric which is coated, filled, impreg-nated, or laminated with a continuous-film-forming polymeric composition insuch a manner that the weight addedto the base fabric is at least 35 percentof the weight of the fabric before coat-ing, filling, impregnation, or lamina-tion.

(p) The term upholstered productmeans articles of furniture containingstuffing and shall include mattressesand box springs.

(q) The term ornamentation meansany fibers or yarns imparting a visiblydiscernible pattern or design to a yarnor fabric.

(r) The term fiber trademark means aword or words used by a person to iden-tify a particular fiber produced or soldby him and to distinguish it from fibersof the same generic class produced orsold by others. Such term shall not in-clude any trade mark, product mark,house mark, trade name or other namewhich does not identify a particularfiber.

(s) The term wool means the fiberfrom the fleece of the sheep or lamb orhair of the Angora or Cashmere goat(and may include the so-called spe-cialty fibers from the hair of thecamel, alpaca, llama, and vicuna)which has never been reclaimed fromany woven or felted wool product.

(t) The term recycled wool means (1)the resulting fiber when wool has beenwoven or felted into a wool productwhich, without ever having been uti-lized in any way by the ultimate con-sumer, subsequently has been madeinto a fibrous state, or (2) the resultingfiber when wool or reprocessed woolhas been spun, woven, knitted, orfelted into a wool product which, afterhaving been used in any way by the ul-timate consumer, subsequently hasbeen made into a fibrous state.

(u) The terms mail order catalog andmail order promotional material meanany materials, used in the direct saleor direct offering for sale of textileproducts, that are disseminated to ulti-mate consumers in print or by elec-tronic means, other than by broadcast,and that solicit ultimate consumers topurchase such textile products by mail,telephone, electronic mail, or someother method without examining theactual product purchased.

[24 FR 4480, June 2, 1959, as amended at 45 FR44263, July 1, 1980; 50 FR 15106, Apr. 17, 1985;63 FR 7517, Feb. 13, 1998]

§303.2 General requirements.

(a) Each textile fiber product, exceptthose exempted or excluded under sec-tion 12 of the Act, shall be labeled orinvoiced in conformity with the re-quirements of the Act and regulations.

(b) Any advertising of textile fiberproducts subject to the Act shall be inconformity with the requirements ofthe Act and regulations.

(c) The requirements of the Act andregulations shall not be applicable toproducts required to be labeled underthe Wool Products Labeling Act of 1939(Pub. L. 76-850, 15 U.S.C. 68, 54 Stat.1128).

(d) Any person marketing or han-dling textile fiber products who shallcause or direct a processor or finisherto label, invoice, or otherwise identifyany textile fiber product with requiredinformation shall be responsible under

§ 303.2



the Act and regulations for any failureof compliance with the Act and regula-tions by reason of any statement oromission in such label, invoice, orother means of identification utilizedin accordance with his direction: Pro-vided, That nothing herein shall relievethe processor or finisher of any duty orliability to which he may be subjectunder the Act and regulations.

§303.3 Fibers present in amounts of

less than 5 percent.

(a) Except as permitted in sections4(b)(1) and 4(b)(2) of the Act, as amend-ed, no fiber present in the amount ofless than 5 percent of the total fiberweight shall be designated by its ge-neric name or fiber trademark in dis-closing the constituent fibers in re-quired information, but shall be des-ignated as "other fiber." When morethan one of such fibers are present in aproduct, they shall be designated in theaggregate as "other fibers." Provided,however, that nothing in this sectionshall be construed as prohibiting thedisclosure of any fiber present in a tex-tile fiber product which has a clearlyestablished and definite functional sig-nificance when present in the amountcontained in such product, as for exam-ple:

96 percent Acetate4 percent Spandex.

(b) In making such disclosure, all ofthe provisions of the Act and regula-tions in this part setting forth themanner and form of disclosure of fibercontent information, including the pro-visions of §§ 303.17 and 303.41 of this partrelating to the use of generic namesand fiber trademarks, shall be applica-ble.

[63 FR 7518, Feb. 13, 1998]

§ 303.4 English language requirement.All required information shall be set

out in the English language. If the re-quired information appears in a lan-guage other than English, it also shallappear in the English language. Theprovisions of this section shall notapply to advertisements in foreign lan-guage newspapers or periodicals, butsuch advertising shall in all other re-spects comply with the Act and regula-tions.

§ 303.5 Abbreviations, ditto marks, andasterisks prohibited.

(a) In disclosing required informa-tion, words or terms shall not be des-ignated by ditto marks or appear infootnotes referred to by asterisks orother symbols in required information,and shall not be abbreviated except aspermitted in § 303.33(e) of this part.

(b) Where the generic name of a tex-tile fiber is required to appear in im-mediate conjunction with a fiber trade-mark in advertising, labeling, orinvoicing, a disclosure of the genericname by means of a footnote, to whichreference is made by use of an asteriskor other symbol placed next to thefiber trademark, shall not be sufficientin itself to constitute compliance withthe Act and regulations.

[24 FR 4480, June 2, 1959, as amended at 65 FR75156, Dec. 1, 2000]

§ 303.6 Generic names of fibers to beused.

(a) Except where another name ispermitted under the Act and regula-tions, the respective generic names ofall fibers present in the amount of 5 percentum or more of the total fiberweight of the textile fiber product shallbe used when naming fibers in the re-quired information; as for example:"cotton," "rayon," "silk," "linen,""nylon," etc.

(b) Where a textile fiber product con-tains the hair or fiber of a fur-bearinganimal present in the amount 5 percentum or more of the total fiberweight of the product, the name of theanimal producing such fiber may beused in setting forth the required infor-mation, provided the name of such ani-mal is used in conjunction with thewords "fiber," "hair," or "blend;" asfor example:

80 percent Rabbit hair.20 percent Nylon.

or80 percent Silk.20 percent Mink fiber.

(c) The term fur fiber may be used todescribe the hair or fur fiber or mix-tures thereof of any animal or animalsother than the sheep, lamb, Angoragoat, Cashmere goat, camel, alpaca,llama or vicuna where such hair or furfiber or mixture is present in the

§ 303.6


16 CFR Ch. I (1-1-08 Edition)

amount of 5 per centum or more of thetotal fiber weight of the textile fiberproduct and no direct or indirect rep-resentations are made as to the animalor animals from which the fiber so des-ignated was obtained; as for example:

60 percent Cotton.40 percent Fur fiber.

or50 percent Nylon.30 percent Mink hair.20 percent Fur fiber.

(d) Where textile fiber products sub-ject to the Act contain (1) wool or (2)recycled wool in amounts of five percentum or more of the total fiberweight, such fibers shall be designatedand disclosed as wool or recycled woolas the case may be.

[24 FR 4480, June 2, 1959, as amended at 45 FR44263, July 1, 1980]

§ 303.7 Generic names and definitionsfor manufactured fibers.

Pursuant to the provisions of section7(c) of the Act, the Commission herebyestablishes the generic names for man-ufactured fibers, together with theirrespective definitions, set forth in thissection, and the generic names formanufactured fibers, together withtheir respective definitions, set forth inInternational Organization for Stand-ardization ISO 2076: 1999(E), "Textiles-Man-made fibres-Generic names."This incorporation by reference was ap-proved by the Director of the FederalRegister in accordance with 5 U.S.C.552(a) and 1 CFR part 51. Copies may beobtained from the American NationalStandards Institute, 11 West 42nd St.,13th floor, New York, NY 10036. Copiesmay be inspected at the Federal TradeCommission, Room 130, 600 Pennsyl-vania Avenue, NW., Washington, DC20580, or at the National Archives andRecords Administration (NARA). Forinformation on the availability of thismaterial at NARA, call 202-741-6030, orgo to: http://www.archives.gov/federal register/code of jederal regulations/ibr _locations.html.

(a) Acrylic. A manufactured fiber inwhich the fiber-forming substance isany long chain synthetic polymer com-posed of at least 85 percent by weightof acrylonitrile units

(-CH2-- CH-).ICN

(b) Modacrylic. A manufactured fiberin which the fiber-forming substance isany long chain synthetic polymer com-posed of less than 85 percent but atleast 35 percent by weight of acrylo-nitrile units

(-CH2)-CH-).

CN

except fibers qualifying under para-graph (j)(2) of this section and fibersqualifying under paragraph (q) of thissection. (Sec. 7, 72 Stat. 1717; 15 U.S.C.section 70e)

(c) Polyester. A manufactured fiber inwhich the fiber-forming substance isany long chain synthetic polymer com-posed of at least 85% by weight of anester of a substituted aromatic car-boxylic acid, including but not re-stricted to substituted terephthalateunits,

p(-R-O0C-C 6H4 C 0-),

0 0

and paraunits,

substituted hydroxy-benzoate

p(-R-0-C 6 H4 -C-O-).

Where the fiber is formed by the inter-action of two or more chemically dis-tinct polymers (of which none exceeds85% by weight), and contains estergroups as the dominant functional unit(at least 85% by weight of the totalpolymer content of the fiber), andwhich, if stretched at least 100%, dura-bly and rapidly reverts substantially toits unstretched length when the ten-sion is removed, the term elasterell-pmay be used as a generic description ofthe fiber.

(d) Rayon-A manufactured fibercomposed of regenerated cellulose, aswell as manufactured fibers composed

§ 303.7



of regenerated cellulose in whichsubstituents have replaced not morethan 15% of the hydrogens of thehydroxyl groups. Where the fiber iscomposed of cellulose precipitatedfrom an organic solution in which nosubstitution of the hydroxyl groupstakes place and no chemical intermedi-ates are formed, the term lyocell maybe used as a generic description of thefiber.

(e) Acetate. A manufactured fiber inwhich the fiber-forming substance iscellulose acetate. Where not less than92 percent of the hydroxyl groups areacetylated, the term triacetate may beused as a generic description of thefiber.

(f) Saran. A manufactured fiber inwhich the fiber-forming substance isany long chain synthetic polymer com-posed of at least 80 percent by weightof vinylidene chloride units (-CHg-CC12-).

(g) Azlon. A manufactured fiber inwhich the fiber-forming substance iscomposed of any regenerated naturallyoccurring proteins.

(h) Nytril. A manufactured fiber con-taining at least 85 percent of a longchain polymer of vinylidene dinitrile (-CH 2-C(CN) 2-) where the vinylidenedinitrile content is no less than everyother unit in the polymer chain.

(i) Nylon. A manufactured fiber inwhich the fiber-forming substance is along-chain synthetic polyamide inwhich less than 85 percent of the amide

(C-NH-)

linkages are attached directly to twoaromatic rings.

(j) Rubber. A manufactured fiber inwhich the fiber-forming substance iscomprised of natural or synthetic rub-ber, including the following categories:

(1) A manufactured fiber in which thefiber-forming substance is a hydro-carbon such as natural rubber,polyisoprene, polybutadiene, copoly-mers of dienes and hydrocarbons, oramorphous (noncrystalline)polyolefins.

(2) A manufactured fiber in which thefiber-forming substance is a copolymer

§ 303.7

of acrylonitrile and a diene (such as bu-tadiene) composed of not more than 50percent but at least 10 percent byweight of acrylonitrile units

(-CH2-CH-)I

CN

The term lastrile may be used as a ge-neric description for fibers fallingwithin this category.

(3) A manufactured fiber in which thefiber-forming substance is apolychloroprene or a copolymer ofchloroprene in which at least 35 per-cent by weight of the fiber-formingsubstance is composed of chloropreneunits

(-CH2-C=CH-CH2 -).ICl

(k) Spandex. A manufactured fiber inwhich the fiber-forming substance is along chain synthetic polymer com-prised of at least 85 percent of a seg-mented polyurethane.

(1) Vinal. A manufactured fiber inwhich the fiber-forming substance isany long chain synthetic polymer com-posed of at least 50 percent by weightof vinyl alcohol units (-CH2-CHOH-),and in which the total of the vinyl al-cohol units and any one or more of thevarious acetal units is at least 85 per-cent by weight of the fiber.

(m) Olefin. A manufactured fiber inwhich the fiber-forming substance isany long chain synthetic polymer com-posed of at least 85 percent by weightof ethylene, propylene, or other olefinunits, except amorphous (noncrys-talline) polyolefins qualifying underparagraph (j)(1) of this section [Rule 7].Where the fiber-forming substance is across-linked synthetic polymer, withlow but significant crystallinity, com-posed of at least 95 percent by weightof ethylene and at least one otherolefin unit, and the fiber is substan-tially elastic and heat resistant, theterm lastol may be used as a generic de-scription of the fiber.

(n) Vinyon. A manufactured fiber inwhich the fiber-forming substance is


16 CFR Ch. I (I-1-08 Edition)

any long chain synthetic polymer com-posed of at least 85 percent by weightof vinyl chloride units (-CH2-CHC1-).

(o) Metallic. A manufactured fibercomposed of metal, plastic-coatedmetal, metal-coated plastic, or a corecompletely covered by metal.

(p) Glass. A manufactured fiber inwhich the fiber-forming substance isglass.

(q) Anidex. A manufactured fiber inwhich the fiber-forming substance isany long chain synthetic polymer com-posed of at least 50 percent by weightof one or more esters of a monohydricalcohol and acrylic acid, CH 2=CH-COOH.

(r) Novoloid. A manufactured fibercontaining at least 85 percent byweight of a cross-linked novolac.

(s) Aramid. A manufactured fiber inwhich the fiber-forming substance is along-chain synthetic polyamide inwhich at least 85 percent of the amide

(-C-NH-)

linkages are attached directly to twoaromatic rings.

(t) Sulfar. A manufactured fiber inwhich the fiber-forming substance is along chain synthetic polysulfide inwhich at least 85% of the sulfide (-S--) linkages are attached directly to two(2) aromatic rings.

(u) PBI. A manufactured fiber inwhich the fiber-forming substance is along chain aromatic polymer havingreoccurring imidazole groups as an in-tegral part of the polymer chain.

(v) Elastoester. A manufactured fiberin which the fiber-forming substance isa long-chain synthetic polymer com-posed of at least 50% by weight of ali-phatic polyether and at least 35% byweight of polyester, as defined in 16CFR 303.7(c).

(w) Melamine. A manufactured fiberin which the fiber-forming substance isa synthetic polymer composed of atleast 50% by weight of a cross-linkedmelamine polymer.

(x) Fluoropolymer. A manufacturedfiber containing at least 95% of a long-chain polymer synthesized from ali-phatic fluorocarbon monomers.

(y) PLA. A manufactured fiber inwhich the fiber-forming substance iscomposed of at least 85% by weight oflactic acid ester units derived fromnaturally occurring sugars.

(Sec. 6, 72 Stat. 1717; 15 U.S.C. 70e)

[24 FR 4480, June 2, 1959; 24 FR 5737, July 17,1959, as amended at 31 FR 2652, Feb. 11, 1966;31 FR 3002, Feb. 22, 1966; 34 FR 14595, Sept. 19,1969; 38 FR 21782, Aug. 13, 1973; 38 FR 34115,Dec. 11, 1973; 39 FR 1834, Jan. 15, 1974; 51 FR20807, 20809, June 9, 1986; 61 FR 16387, Apr. 15,1996; 62 FR 28344, May 23, 1997; 63 FR 7518,Feb. 13, 1998; 63 FR 36174, July 2, 1998; 63 FR71583, Dec. 28, 1998; 65 FR 75156, Dec. 1, 2000;67 FR 4903, Feb. 1, 2002; 67 FR 70839, Nov. 27,2002; 68 FR 3816, Jan. 27, 2003; 69 FR 18803,Apr. 9, 2004]

§ 303.8 Procedure for establishing ge-neric names for manufactured fi-bers.

(a) Prior to the marketing or han-dling of a manufactured fiber for whichno generic name has been establishedor otherwise recognized by the Com-mission, the manufacturer or producerthereof shall file a written applicationwith the Commission, requesting theestablishment of a generic name forsuch fiber, stating therein:

(1) The reasons why the applicant'sfiber should not be identified by one ofthe generic names established by theCommission in § 303.7 of this part;

(2) The chemical composition of thefiber, including the fiber-forming sub-stances and respective percentagesthereof, together with samples of thefiber;

(3) Suggested names for consider-ation as generic, together with a pro-posed definition for the fiber;

(4) Any other information deemed bythe applicant to be pertinent to the ap-plication, including technical data inthe form of test methods;

(5) The earliest date on which the ap-plication proposes to market or handlethe fiber in commerce for other thandevelopmental or testing purposes.

(b) Upon receipt of the application,the Commission will, within sixty (60)days, either deny the application or as-sign to the fiber a numerical or alpha-betical symbol for temporary use dur-ing further consideration of such appli-cation.

§ 303.8



(c) After taking the necessary proce-dure in consideration of the applica-tion, the Commission in due courseshall establish a generic name or ad-vise the applicant of its refusal togrant the application and designate theproper existing generic name for thefiber.

[24 FR 4480, June 2, 1959, as amended at 63 FR7518, Feb. 13, 1998]

§ 303.9 Use of fur-bearing animalnames and symbols prohibited.

(a) The advertising or the labeling ofa textile fiber product shall not con-tain any names, words, depictions, de-scriptive matter, or other symbolswhich connote or signify a fur-bearinganimal, unless such product or the partthereof in connection with which thenames, words, depictions, descriptivematter, or other symbols are used is afur product within the meaning of theFur Products Labeling Act.

(b) Subject to the provisions of para-graph (a) of this section and §303.6 ofthis part, a textile fiber product shallnot be described or referred to in anymanner in an advertisement or labelwith:

(1) The name or part of the name ofa fur-bearing animal, whether as a sin-gle word or a combination word, or anycoined word which is phoneticallysimilar to a fur-bearing animal name,or which is only a slight variation inspelling of a fur-bearing animal nameor part of the name. As for example,such terms as "Ermine," "Mink,""Persian," "Broadtail," "Beaverton,""Marmink," "Sablelon," "Lam,""Pershian," "Minx," or similar termsshall not be used.

(2) Any word or name symbolic of afur-bearing animal by reason of con-ventional usage or by reason of itsclose relationship with fur-bearing ani-mals. As for example, such terms as"guardhair," "underfur," and "muta-tion," or similar terms, shall not beused.

(c) Nothing contained herein shallprevent:

(1) The nondeceptive use of animalnames or symbols in referring to a tex-tile fiber product where the fur of suchanimal is not commonly or commer-cially used in fur products, as thatterm is defined in the Fur Products La-

§ 303.10

beling Act, as for example "kittensoft", "Bear Brand", etc.

(2) The nondeceptive use of a trade-mark or trade name containing thename, symbol, or depiction of a fur-bearing animal unless:

(i) The textile fiber product in con-nection with which such trademark ortrade name is used simulates a fur orfur product; or

(ii) Such trademark or trade name isused in any advertisement of a textilefiber product together with any depic-tion which has the appearance of a furor fur product; or

(iii) The use of such trademark ortrade name is prohibited by the FurProducts Labeling Act.

[24 FR 4480, June 2, 1959, as amended at 28 FR722, Jan. 16, 1963]

§ 303.10 Fiber content of special typesof products.

(a) Where a textile product is madewholly of elastic yarn or material, withminor parts of non-elastic material forstructural purposes, it shall be identi-fied as to the percentage of the elas-tomer, together with the percentage ofall textile coverings of the elastomerand all other yarns or materials usedtherein.

Where a textile fiber product is madein part of elastic material and in partof other fabric, the fiber content ofsuch fabric shall be set forth section-ally by percentages as in the case ofother fabrics. In such cases the elasticmaterial may be disclosed by describ-ing the material as elastic followed bya listing in order of predominance byweight of the fibers used in such elas-tic, including the elastomer, wheresuch fibers are present by 5 per centumor more with the designation "otherfiber" or "other fibers" appearing lastwhen fibers required to be so des-ignated are present. An example of la-beling under this paragraph is:Front and back non-elastic sections:

50 percent Acetate.50 percent Cotton.

Elastic: Rayon, cotton, nylon, rubber.

(b) Where drapery or upholstery fab-rics are manufactured on hand-oper-ated looms for a particular customerafter the sale of such fabric has beenconsummated, and the amount of the



order does not exceed 100 yards (91.44m) of fabric, the required fiber contentdisclosure may be made by listing thefibers present in order of predominanceby weight with any fiber or fibers re-quired to be designated as "otherfiber" or "other fibers" appearing last,as for example:

RayonWoolAcetateMetallicOther fibers

(c)(1) Where a manufactured textilefiber is essentially a physical combina-tion or mixture of two or more chemi-cally distinct constituents or compo-nents combined at or prior to the timeof extrusion, which components if sepa-rately extruded would each fall withindifferent existing definitions of textilefibers as set forth in § 303.7 of this part(Rule 7), the fiber content disclosure asto such fiber, shall for all purposesunder the regulations in this part (i)disclose such fact in the required fibercontent information by appropriatenondeceptive descriptive terminology,such as "biconstituent fiber" or"multiconstituent fiber," (ii) set outthe components contained in the fiberby the appropriate generic name speci-fied in § 303.7 of this part (Rule 7) in theorder of their predominance by weight,and (iii) set out the respective percent-ages of such components by weight.

(2) If the components of such fibersare of a matrix-fibril configuration, theterm matrix-fibril fiber or matrix fibermay be used in setting forth the infor-mation required by this paragraph.

(3) Examples of proper fiber contentdesignations under this paragraph are:

100% Biconstituent Fiber(65% Nylon, 35% Polyester)80% Matrix Fiber (60% Nylon, 40% Polyester)15% Polyester5% Rayon

(4) All of the provisions as to fibercontent disclosures contained in theAct and regulations, including the pro-visions relative to fiber content toler-ances and disclosures of fibers presentin amounts of less than 5 percentum ofthe total fiber weight, shall also be ap-

plicable to the designations and disclo-sures prescribed by this paragraph.

[25 FR 7044, July 26, 1960, as amended at 30FR 14253, Nov. 13, 1965; 34 FR 12134 July 19,1969; 61 FR 11544, Mar. 21, 1996]

§ 303.11 Floor coverings containing

backings, fillings, and paddings.

In disclosing the required fiber con-tent information as to floor coveringscontaining exempted backings, fillings,or paddings, the disclosure shall bemade in such manner as to indicatethat it relates only to the face, pile, orouter surface of the floor covering andnot to the backing, filling, or padding.Examples of the form of marking thesetypes of floor coverings as to fiber con-tent are as follows:

100% Cotton PileFace--60% Rayon, 40% CottonOuter Surface-100% Wool

§303.12 Trimmings of household tex-

tile articles.

(a) Trimmings incorporated in arti-cles of wearing apparel and otherhousehold textile articles may, amongother forms of trim, include: (1) Rick-rack, tape, belting, binding, braid, la-bels (either required or non-required),collars, cuffs, wrist bands, leg bands,waist bands, gussets, gores, welts, andfindings, including superimposed gar-ters in hosiery, and elastic materialsand threads inserted in or added to thebasic product or garment in minor pro-portion for holding, reinforcing orsimilar structural purposes; (2) decora-tive trim, whether applied by embroi-dery, overlay, applique, or attachment;and (3) decorative patterns or designswhich are an integral part of the fabricout of which the household textile arti-cle is made: Provided, That such deco-rative trim or decorative pattern or de-sign, as specified in paragraphs (a) (2)and (3) of this section, does not exceed15 percent of the surface area of thehousehold textile article. If no rep-resentation is made as to the fiber con-tent of the decorative trim or decora-tion, as provided for in paragraphs (a)(2) and (3) of this section, the fiber con-tent designation of the basic fabricshall be followed by the statement"exclusive of decoration."

§ 303.11



(b) The term findings may also in-clude elastic material which con-stitutes a part of the basic fabric ormaterial out of which the householdtextile article is made, where suchelastic material does not exceed 20 per-cent of the surface area of the house-hold textile article: Provided, That therequired information as to fiber con-tent of products subject to this para-graph is followed by the statement"exclusive of elastic."

§ 303.13 Sale of remnants and products

made of remnants.

(a) In disclosing the required fibercontent information as to remnants offabric which are for practical purposesof unknown or undeterminable fibercontent:

(1) The fiber content disclosure ofsuch remnants of fabrics may be des-ignated in the required information as"remnants of undetermined fiber con-tent."

(2) Where such remnants of fabricsare displayed for sale at retail, a con-spicuous sign may, in lieu of individuallabeling, be used in immediate con-junction with such display, statingwith respect to required fiber contentdisclosure that the goods are "rem-nants of undetermined fiber content."

(3) Where textile fiber products aremade of such remnants, the requiredfiber content information of the prod-ucts may be disclosed as "made of rem-nants of undetermined fiber content."If any representations as to fiber con-tent are made with respect to suchremnants, the provisions of this para-graph shall not apply.

(b) Where remnants of fabrics aremarketed or handled in bales, bundles,or packages and are all of the samefiber content or are designated in themanner permitted by paragraph (a) ofthis section, the individual remnantsneed not be labeled if the bales, bun-dles, or packages containing such rem-nants are labeled with the required in-formation including fiber content per-centages or the designation permittedby paragraph (a) of this section.

(c) Where remnants of fabrics of thesame fiber content are displayed forsale at retail, a conspicuous sign may,in lieu of individual labeling, be used inimmediate conjunction with such dis-

§303.14

play, stating the fiber content informa-tion with respect to such remnants; asfor example: "remnants, 100 percentcotton," "remnants, 50 percent rayon,50 percent acetate," etc.§ 303.14 Products containing unknown

fibers.(a) Where a textile fiber product is

made from miscellaneous scraps, rags,odd lots, secondhand materials, textileby-products, or waste materials of un-known, and for practical purposes,undeterminable fiber content, the re-quired fiber content disclosure may,when truthfully applicable, in lieu ofthe fiber content disclosure otherwiserequired by the Act and regulations,indicate that such product is composedof miscellaneous scraps, rags, odd lots,textile by-products, secondhand mate-rials (in case of secondhand materials,words of like import may be used) orwaste materials, as the case may be, ofunknown or undetermined fiber con-tent, as for example:Made of miscellaneous scraps of undeter-

mined fiber content100% unknown fibers-ragsAll undetermined fibers-textile by-products100% miscellaneous odd lots of undetermined

fiber contentSecondhand materials--fiber content un-

knownMade of unknown fibers--waste materials

(b) Where a textile fiber product ismade in part from- miscellaneousscraps, rags, odd lots, textile by-prod-ucts, second-hand materials or wastematerials of unknown and, for prac-tical purposes, undeterminable fibercontent together with a percentage ofknown or determinable fibers, the re-quired fiber content disclosure may,when truthfully applicable, in lieu ofthe fiber content disclosure otherwiserequired by the Act and regulations,indicate the percentage of miscella-neous scraps, rags, odd lots, second-hand materials (in case of secondhandmaterials, words of like import may beused), textile by-products, or waste ma-terials of unknown or undeterminedfiber content and the percentage ofknown fibers, as for example:

45% Rayon30% Acetate25% Miscellaneous scraps of undetermined

fiber content.


§ 303.15

60% Cotton40% Unknown fibers-waste materials.40% Acrylic20% Modacrylic40% Undetermined fibers-odd lots.50% Polyester30% Cotton20% Textile by-products of undetermined

fiber content.50% Rayon50% Secondhand materials-fiber content un-known.

45% Acetate30% Cotton25% Miscellaneous rags--undetermined fibercontent.

(c) No representation as to fiber con-tent shall be made as to any textileproduct or any portion of a textile fiberproduct designated as composed of un-known or undetermined fibers. If anysuch representation is made, a full andcomplete fiber content disclosure shallbe required.

(d) Nothing contained in this sectionshall excuse a full disclosure as to fibercontent if the same is known or prac-tically ascertainable.

[25 FR 4317, May 14, 1960]

§ 303.15 Required label and method ofaffixing.

(a) A label is required to be affixed toeach textile product and, where re-quired, to its package or container in asecure manner. Such label shall be con-spicuous and shall be of such durabilityas to remain attached to the productand its package throughout any dis-tribution, sale, resale and until soldand delivered to the ultimate con-sumer.

(b) Each textile fiber product with aneck must have a label disclosing thecountry of origin affixed to the insidecenter of the neck midway between theshoulder seams or in close proximity toanother label affixed to the inside cen-ter of the neck. The fiber content andRN or name of the company may bedisclosed on the same label as thecountry of origin or on another con-spicuous and readily accessible label orlabels on the inside or outside of thegarment. On all other textile products,the required information shall be dis-closed on a conspicuous and readily ac-cessible label or labels on the inside oroutside of the product. The country of


origin disclosure must always appearon the front side of the label. Other re-quired information may appear eitheron the front side or the reverse side ofa label, provided that the informationis conspicuous and readily accessible.

(c) In the case of hosiery products,this section shall not be construed asrequiring the affixing of a label to eachhosiery product contained in a packageif, (1) such hosiery products are in-tended for sale to the ultimate con-sumer in such package, (2) such pack-age has affixed to it a label bearing therequired information for the hosieryproducts contained in the package, and(3) the information on the label affixedto the package is equally applicable toeach textile fiber product containedtherein.

(d) Socks provided for in subheading6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60,6111.30.50, or 6111.90.50 of the Har-monized Tariff Schedule of the UnitedStates, as in effect on September 1,2003, shall be marked, as legibly, indeli-bly, and permanently as the nature ofthe article or package will permit, todisclose the English name of the coun-try of origin. This disclosure shall ap-pear on the front of the package, adja-cent to the size designation of theproduct, and shall be set forth in sucha manner as to be clearly legible, con-spicuous, and readily accessible to theultimate consumer. Provided, however,any package that contains several dif-ferent types of goods and includessocks classified under subheading6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60,6111.30.50, or 6111.90.50 of the Har-monized Tariff Schedule of the UnitedStates, as in effect on September 1,2003, shall not be subject to the re-quirements of this subsection.

[50 FR 15106, Apr. 17, 1985, as amended at 63FR 7518, Feb. 13, 1998; 70 FR 73369, Dec. 12,2005]

§303.16 Arrangement and disclosure

of information on labels.

(a) Subject to the provisions of§303.15(b), information required by theAct and regulations in this part mayappear on any label or labels attachedto the textile fiber product, includingthe care label required by 16 CFR part423, provided all the pertinent require-ments of the Act and regulations in



this part are met and so long as thecombination of required informationand non-required information is notmisleading. The required informationshall include the following:

(1) The generic names and percent-ages by weight of the constituent fiberspresent in the textile fiber product, ex-cluding permissive ornamentation, inamounts of 5 percent or more and anyfibers disclosed in accordance with§303.3(a) shall appear in order of pre-dominance by weight with any percent-age of fiber or fibers required to be des-ignated as "other fiber" or "other fi-bers" appearing last.

(2) The name, provided for in § 303.19,or registered identification numberissued by the Commission, of the man-ufacturer or of one or more personsmarketing or handling the textile fiberproduct.

(3) The name of the country wheresuch product was processed or manu-factured, as provided for in § 303.33.

(b) All parts of the required informa-tion shall be set forth in such a manneras to be clearly legible, conspicuous,and readily accessible to the prospec-tive purchaser. All parts of the fibercontent information shall appear intype or lettering of equal size and con-spicuousness.

(c) Subject to the provisions of§303.17, any non-required informationor representations placed on the prod-uct shall not minimize, detract from,or conflict with required informationand shall not be false, deceptive, ormisleading.

(d) Non-deceptive terms which areproperly and truthfully descriptive of afiber may be used in conjunction withthe generic name of such fiber; as forexample: "100 percent cross-linkedrayon," "100 percent solution dyed ace-tate," "100 percent combed cotton,""100 percent nylon 66," etc.

[24 FR 4480, June 2, 1959, as amended at 25 FR4317, May 14, 1960; 30 FR 14254, Nov. 13, 1965;30 FR 15313, Dec. 11, 1965; 50 FR 15107, Apr. 17,1985; 53 FR 31315, Aug. 18, 1988; 63 FR 7518,Feb. 13, 1998]

§ 303.17 Use of fiber trademarks and

generic names on labels.

(a) A non-deceptive fiber trademarkmay be used on a label in conjunctionwith the generic name of the fiber to

which it relates. Where such a trade-mark is placed on a label in conjunc-tion with the required information, thegeneric name of the fiber must appearin immediate conjunction therewith,and such trademark and generic namemust appear in type or lettering ofequal size and conspicuousness.

(b) Where a generic name or a fibertrademark is used on any label, wheth-er required or non-required, a full andcomplete fiber content disclosure shallbe made in accordance with the Actand regulations the first time the ge-neric name or fiber trademark appearson the label.

(c) If a fiber trademark is not used inthe required information, but is usedelsewhere on the label as non-requiredinformation, the generic name of thefiber shall accompany the fiber trade-mark in legible and conspicuous typeor lettering the first time the trade-mark is used.

(d) No fiber trademark or genericname shall be used in non-required in-formation on a label in such a manneras to be false, deceptive, or misleadingas to fiber content, or to indicate di-rectly or indirectly that a textile fiberproduct is composed wholly or in partof a particular fiber, when such is notthe case.

§ 303.18 Terms implying fibers not

present.

Words, coined words, symbols or de-pictions, (a) which constitute or implythe name or designation of a fiberwhich is not present in the product, (b)which are phonetically similar to thename or designation of such a fiber, or(c) which are only a slight variation ofspelling from the name or designationof such a fiber shall not be used in sucha manner as to represent or imply thatsuch fiber is present in the product.

[30 FR 13693, Oct. 28, 1965]

§ 303.19 Name or other identificationrequired to appear on labels.

(a) The name required by the Act tobe used on labels shall be the nameunder which the person is doing busi-ness. Where a person has a word trade-mark, used as a house mark, registeredin the United States Patent Office,such word trademark may be used on

§ 303.19


§ 303.20

labels in lieu of the name otherwise re-quired: Provided, The owner of suchword trademark furnishes the Commis-sion a copy of the registration prior toits use. No trademark, trade names, orother names except those provided forabove shall be used for required identi-fication purposes.

(b) Registered identification num-bers, as provided for in §303.20 of thispart, may be used for identificationpurposes in lieu of the required name.

§ 303.20 Registered identification num-bers.

(a) Registered numbers for use as therequired identification in lieu of thename on textile fiber product labels, asprovided in section 4(b)(3) of the Act,will be issued by the Commission toqualified persons residing in the UnitedStates upon receipt of an applicationduly executed in the form set out inparagraph (d) of this section.

(b)(1) Registered identification num-bers shall be used only by the person orconcern to whom they are issued, andsuch numbers are not transferable orassignable.

(2) Registered identification numbersshall be subject to cancellation when-ever any such number was procured orhas been used improperly or contraryto the requirements of the Acts admin-istered by the Federal Trade Commis-sion, and regulations promulgatedthereunder, or when otherwise deemednecessary in the public interest.


(3) Registered identification numbersshall be subject to cancellation if theCommission fails to receive prompt no-tification of any change in name, busi-ness address, or legal business status ofa person or firm to whom a registeredidentification number has been as-signed, by application duly executed inthe form set out in paragraph (d) ofthis section, reflecting the currentname, business address, and legal busi-ness status of the person or firm.

(c) Registered identification numbersassigned under this section may beused on labels required in labelingproducts subject to the provisions ofthe Wool Products Labeling Act andFur Products Labeling Act, and num-bers previously assigned by the Com-mission under such Acts may be usedas and for the required name in label-ing under this Act. When so used by theperson or firm to whom assigned, theuse of the numbers shall be construedas identifying and binding the appli-cant as fully and in all respects asthough assigned under the specific Actfor which it is used.

(d) Form to apply for a registeredidentification number or to update in-formation pertaining to an existingnumber (the form is available upon re-quest from: Enforcement Division, Fed-eral Trade Commission, 600 Pennsyl-vania Avenue, NW., Washington, DC20580, or on the Internet at http://www.ftc.gov; application may also bemade directly on the Internet):


Federal Trade Commission § 303.20

APPLICATION FOR A REGISTERED IDENTIFICATION NUMBER (-RN-)

DO NOT WRITE IN THIS SPACERN:

DATE ISSUED: DATE UPDATED: BY:

I. PURPOSE OF APPLICATION (Both now applclat and update applicat foor corpleo ail entr on this fono)

0 APPLY FOR A NEW RNO UPDATE INFORMATION ON AN EXISTING RN OR WPL NUMBER. ENTER EXISTING RN OR WPL NUMBER

2. LEGAL NAME OF APPLICANT FIRM (Note: Proproihnshil . please provlde full legal na of the pemit who is th pniprtor)

3. NAME UNDER WHICH APPLICANT DOES BUSINESS (Oi :fitifforn oplegal nam)

4. TYPE OF COMPANY (if OTHER" is checked, plese stath theyp ofncoropy)

0 PROPRIETORSHIP 0 PARTNERSHIP 0 CORPORATION 0 LILC /LLP 0 OTHER

S. ADDRESS OF PRINCIPAL OFFICE OR PLACE OF BUSINESS (Ihncude CONTACT INFORMATIONip code. Addres rust be actual location where business is conducted in the OPTIONAL ADDITIONALUS. A additionoa mulling adde or PO Box ddrss my also be listed, if MAILING ADDRESS TELEPHONE NUMBERdc~e .....)__ _

STREET ADDRESS (Required) FAX NUMBER

E-MAIL ADDRESS

INTERNET URL ADDRESS

6. TYPE OF BUSINESS (Mark ofl that apply)

O MANUFACTURING 0 IMPORTING 0 WHOLESALING 0 RETAILING 0 MAI-ORDER 0 INTERNET 0 OTHER

7. LIST PRODUCTS (To qualify forn RN. a courpany nt be omgagd in h inporttio., rnonufactusnge ling r othr o eting of at least owe (I) product ine subjectto the Textile. Wool or Fur Act)

B. CERTIFICATION

By filing thi forn with the Federa Trade Coronoosion. the corpany nam0d abo0 applies for n resterl nunon to use or labels required by one or non of thefollowirng acts: the Textile Fiber Products Identification Act (15 U.S.C. 1170-70k). rho Wool Prodts, Labeling Act (I5 U S.C. 1 §65-68j). or the For Products Labling Act(15 U.S.C. § -69-69k). The copony official (propretor. partner. on corporate officer) listed below verifies that the infonofion supplied on this Ito is loenod Contct

9. NAME OF COMPANY OFFICIAL (Type o print legibly) 10. TITLE OF COMPANY OFFICIAL II. DATE SUBMITTED

INSTRUCTIONS (c) Subriot oo (1) oeited application: CANCELLATION POLICYRegulations under the Textile Fiber Products Identification Act, the WoolProducts Labeling Act, and the Fur Product Labeling At povide that ny By Mail to Federal Trado CororonUSA coopoy that is a onuflacture or narknter of fbe Or fur products my, Division of Erfobncernot RNs nre subject to cancellatio ifin liou of the nam oder which it does buiness, be identified by its RN on 600 Perousytrami Av-rOO NW the holder fails to promptylabels required by these statics. Washingoo. DC 20580 Subrit an updated FTC Formo 31

upon ory chtgo(s) in its legalhI completing this fofrl please ohowe the following: Or By Fx to: (202) 326-3197 nane (Lino 02). type of cotMny

infonotor (Lin #4), or(a) All numbered boxes must be filled in except for optioal infooation. Or On-Lne at: 0 tco10 buoness addt- (Line #5)

(b) PLEA:E, Typo or P nt _Le .

FTC Forn SI (n.9/2000)

[24 FR 4480, June 2, 1959, as amended at 48 FR 12516, Mar. 25, 1983; 63 FR 7518, Feb. 13, 1998;63 FR 71583, Dec. 28, 1998; 65 FR 75156, Dec. 1, 2000]


16 CFR Ch. 1(I-1-08 Edition)

§ 303.21 Marking of samples, swatches,or specimens and products soldtherefrom.

(a) Where samples, swatches, orspecimens of textile fiber products sub-ject to the Act are used to promote oreffect sales of such textile fiber prod-ucts, the samples, swatches, or speci-mens, as well as the products them-selves, shall be labeled to show theirrespective fiber contents and other re-quired information: Provided, Thatsuch samples, swatches or specimensneed not be labeled:

(1) If the samples, swatches, or speci-mens are less than two square inches(12.9 cm 2 ) in area and the informationotherwise required to appear on thelabel is clearly, conspicuously, andnon-deceptively disclosed on accom-panying promotional matter in accord-ance with the Act and regulations.

(2) If the samples, swatches, or speci-mens are keyed to a catalogue to whichreference is necessary in order to com-plete the sale of the textile fiber prod-ucts, and which catalogue at the nec-essary point of reference clearly, con-spicuously, and non-deceptively dis-closes the information otherwise re-quired to appear on the label in accord-ance with the Act and regulations; or

(3) If such samples, swatches, orspecimens are not used to effect salesto ultimate consumers and are not inthe form intended for sale or deliveryto, or for use by, the ultimate con-sumer, and are accompanied by an in-voice or other paper showing the re-quired information.

(b) Where properly labeled samples,swatches, or specimens are used to ef-fect the sale of articles of wearing ap-parel or other household textile arti-cles which are manufactured specifi-cally for a particular customer afterthe sale is consummated, the articlesof wearing apparel or other householdtextile articles need not be labeled ifthey are of the same fiber content asthe samples, swatches, or specimensfrom which the sale was effected andan invoice or other paper accompaniesthem showing the information other-wise required to appear on the label.

[24 FR 4480, June 2, 1959, as amended at 61 FR11544, Mar. 21, 1996]

§ 303.22 Products containing linings,interlinings, fillings, and paddings.

In disclosing the required informa-tion as to textile fiber products, thefiber content of any linings, inter-linings, fillings, or paddings shall beset forth separately and distinctly ifsuch linings, interlinings, fillings, orpaddings are incorporated in the prod-uct for warmth rather than for struc-tural purposes, or if any express or im-plied representations are made as totheir fiber content. Examples are asfollows:

100% NylonInterlining: 100% RayonCovering: 100% RayonFilling: 100% Cotton.

§ 303.23 Textile fiber products con-taining superimposed or added fi-bers.

Where a textile fiber product is madewholly of one fiber or a blend of fiberswith the exception of an additionalfiber in minor proportion superimposedor added in certain separate and dis-tinct areas or sections for reinforcingor other useful purposes, the productmay be designated according to thefiber content of the principal fiber orblend of fibers, with an exception nam-ing the superimposed or added fiber,giving the percentage thereof in rela-tion to the total fiber weight of theprincipal fiber or blend of fibers, andindicating the area or section whichcontains the superimposed or addedfiber. Examples of this type of fibercontent disclosure, as applied to prod-ucts having reinforcing fibers added toa particular area or section, are as fol-lows:

55% Cotton45% RayonExcept 5% Nylon added to toe and heel.All Cotton except 1% Nylon added to neck-band.

§ 303.24 Pile fabrics and products com-posed thereof.

The fiber content of pile fabrics orproducts composed thereof may bestated on the label in such segregatedform as will show the fiber content ofthe face or pile and of the back or base,with percentages of the respective fi-bers as they exist in the face or pileand in the back or base: Provided, That

§ 303.21



in such disclosure the respective per-centages of the face and back be givenin such manner as will show the ratiobetween the face and the back. Exam-ples of the form of marking pile fabricas to fiber content provided for in thissection are as follows:

100% Nylon Pile100% Cotton Back(Back constitutes 60% of fabric and pile

40%).Face-60% Rayon, 40% NylonBack-70% Cotton, 30% Rayon(Face constitutes 60% of fabric and back

40%).

§303.25 Sectional disclosure of con-tent.

(a) Permissive. Where a textile fiberproduct is composed of two or moresections which are of different fibercomposition, the required informationas to fiber content may be separated inthe same label in such manner as toshow the fiber composition of each sec-tion.

(b) Mandatory. The disclosure asabove provided shall be made in all in-stances where such form of marking isnecessary to avoid deception.

§ 303.26 Ornamentation.

(a)(1) Where the textile fiber productcontains fiber ornamentation not ex-ceeding five per centum of the totalfiber weight of the product and thestated percentages of the fiber contentare exclusive of such ornamentation,the label or any invoice used in lieuthereof shall contain a phrase or state-ment showing such fact; as for exam-ple:

60% Cotton40% RayonExclusive of Ornamentation;

orAll CottonExclusive of Ornamentation.

(2) The fiber content of such orna-mentation may be disclosed where thepercentage of the ornamentation in re-lation to the total fiber weight of theprincipal fiber or blend of fibers isshown; as for example:

70% Nylon30% AcetateExclusive of 4% Metallic Ornamentation;

or

§ 303.29

100% RayonExclusive of 3% Silk Ornamentation.

(b) Where the fiber ornamentationexceeds five per centum, it shall be in-cluded in the statement of requiredpercentages of fiber content.

(c) Where the ornamentation con-stitutes a distinct section of the prod-uct, sectional disclosure may be madein accordance with §303.25 of this part.

§ 303.27 Use of the term "All" or"100%."

Where a textile fiber product or partthereof is comprised wholly of onefiber, other than any fiber ornamenta-tion, decoration, elastic, or trimmingas to which fiber content disclosure isnot required, either the word All or theterm 100% may be used in labeling, to-gether with the correct generic nameof the fiber and any qualifying phrase,when required; as for example: "100%Cotton," "All Rayon, Exclusive of Or-namentation," "100% Acetate, Exclu-sive of Decoration," "All Nylon, Exclu-sive of Elastic," etc.

§303.28 Products contained in pack-ages.

When textile products are marketedand delivered in a package which is in-tended to remain unbroken and intactuntil after delivery to the utlimateconsumer, each textile product in thepackage, except hosiery, and the pack-age shall be labeled with the requiredinformation. If the package is trans-parent to the extent it allows for aclear reading of the required informa-tion on the textile product, the pack-age is not required to be labeled.

[50 FR 15107, Apr. 17, 1985]

§ 303.29 Labeling of pairs or productscontaining two or more units.

(a) Where a textile fiber product con-sists of two or more parts, units, oritems of different fiber content, a sepa-rate label containing the required in-formation shall be affixed to each ofsuch parts, units or items showing therequired information as to such part,unit, or item: Provided, That wheresuch parts, units, or items are mar-keted or handled as a single product orensemble and are sold and delivered tothe ultimate consumer as a single



product or ensemble, the required in-formation may be set out on a singlelabel in such a manner as to separatelyshow the fiber composition of eachpart, unit, or item.

(b) Where garments, wearing apparel,or other textile fiber products are mar-keted or handled in pairs or ensemblesof the same fiber content, only oneunit of the pair or ensemble need be la-beled with the required informationwhen sold and delivered to the ulti-mate consumer.

[24 FR 4480, June 2, 1959, as amended at 25 FR4318, May 14, 1960]

§ 303.30 Textile fiber products in formfor consumer.

A textile fiber product shall be con-sidered to be in the form intended forsale or delivery to, or for use by, theultimate consumer when the manufac-turing or processing of the textile fiberproduct is substantially complete. Thefact that minor or insignificant detailsof the manufacturing or processinghave not been completed shall not ex-cuse the labeling of such products as tothe required information. For example,a garment must be labeled even thoughsuch matters as the finishing of a hemor cuff or the affixing of buttons there-to remain to be completed.

§ 303.31 Invoice in lieu of label.

Where a textile fiber product is notin the form intended for sale, deliveryto, or for use by the ultimate con-sumer, an invoice or other paper maybe used in lieu of a label, and such in-voice or other paper shall show, in ad-dition to the name and address of theperson issuing the invoice or otherpaper, the fiber content of such productas provided in the Act and regulationsas well as any other required informa-tion.

§ 303.32 Products containing reusedstuffing.

Any upholstered product, mattress,or cushion which contains stuffingwhich has been previously used asstuffing in any other upholstered prod-uct, mattress, or cushion shall have se-curely attached thereto a substantialtag or label, at least 2 inches (5.08 cm)by 3 inches (7.62 cm) in size, and state-ments thereon conspicuously stamped

or printed in the English language andin plain type not less than 1/3 inch (8.38mm) high, indicating that the stuffingtherein is composed in whole or in partof "reused stuffing," "secondhandstuffing," "previously used stuffing,"or "used stuffing."

[61 FR 11544, Mar. 21, 1996]

§303.33 Country where textile fiberproducts are processed or manufac-tured.

(a) In addition to the other informa-tion required by the Act and Regula-tions:

(1) Each imported textile fiber prod-uct shall be labeled with the name ofthe country where such imported prod-uct was processed or manufactured;

(2) Each textile fiber product com-pletely made in the United States ofmaterials that were made in the UnitedStates shall be labeled using the termMade in U.S.A. or some other clear andequivalent term.

(3) Each textile fiber product made inthe United States, either in whole or inpart of imported materials, shall con-tain a label disclosing these facts; forexample:

Made in USA of imported fabricor

Knitted in USA of imported yarn

and(4) Each textile fiber product par-

tially manufactured in a foreign coun-try and partially manufactured in theUnited States shall contain on a labelthe following information:

(i) The manufacturing process in theforeign country and in the USA; for ex-ample:

"Imported cloth, finished in USA"or

"Sewn in USA of imported components"or

"Made in [foreign country], finished in USA"or

"Scarf made in USA of fabric made inChina"

or"Comforter Filled, Sewn and Finished in the

U.S. With Shell Made in China"or

"Made in [Foreign Country]/fabric made inUSA"

or

§ 303.30



"Knit in USA, assembled in [Foreign Coun-try]".

(ii) When the U.S. Customs Servicerequires an origin label on the unfin-ished product, the manufacturing proc-esses as required in paragraph (a)(4)(i)of this section or the name of the for-eign country required by Customs, forexample:

"Made in (foreign country)"

(b) For the purpose of determiningwhether a product should be markedunder paragraphs (a) (2), (3), or (4) ofthis section, a manufacturer needs toconsider the origin of only those mate-rials that are covered under the Actand that are one step removed fromthat manufacturing process. For exam-ple, a yarn manufacturer must identifyfiber if it is imported, a cloth manufac-turer must identify imported yarn anda household product manufacturermust identify imported cloth or im-ported yarn for household productsmade directly from yarn, or importedfiber used as filling for warmth.

(c) The term country means the polit-ical entity known as a nation. Exceptfor the United States, colonies, posses-sions or protectorates outside theboundaries of the mother country shallbe considered separate countries, andthe name thereof shall be deemed ac-ceptable in designating the countrywhere the textile fiber product wasprocessed or manufactured unless theCommission shall otherwise direct.

(d) The country where the importedtextile fiber product was principallymade shall be considered to be thecountry where such textile fiber prod-uct was processed or manufactured.Further work or material added to thetextile fiber product in another coun-try must effect a basic change in formin order to render such other countrythe place where such textile fiber prod-uct was processed or manufactured.

(e) The English name of the countrywhere the imported textile fiber prod-uct was processed or manufacturedshall be used. The adjectival form ofthe name of the country will be accept-ed as the name of the country wherethe textile fiber product was processedor manufactured, provided the adjec-tival form of the name does not appearwith such other words so as to refer to

§ 303.36

a kind or species of product. Variantspellings which clearly indicate theEnglish name of the country, such asBrasil for Brazil and Italie for Italy,are acceptable. Abbreviations whichunmistakably indicate the name of acountry, such as "Gt. Britain" for"Great Britain,"are acceptable.

(f) Nothing in this rule shall be con-strued as limiting in any way the infor-mation required to be disclosed on la-bels under the provisions of any TariffAct of the United States or regulationsprescribed by the Secretary of theTreasury.

[24 FR 4480, June 2, 1959, as amended at 50 FR15107, Apr. 17, 1985; 63 FR 7521, Feb. 13, 1998;65 FR 75158, Dec. 1, 2000]

§ 303.34 Country of origin in mailorder advertising.

When a textile fiber product is adver-tised in any mail order catalog or mailorder promotional material, the de-scription of such product shall containa clear and conspicuous statement thatthe product was either made in U.S.A.,imported, or both. Other words orphrases with the same meaning may beused. The statement of origin requiredby this section shall not be incon-sistent with the origin labeling of theproduct being advertised.

[50 FR 15107, Apr. 17, 1985]

§ 303.35 Use of terms "virgin" or "new."

The terms virgin or new as descrip-tive of a textile fiber product, or anyfiber or part thereof, shall not be usedwhen the product or part so describedis not composed wholly of new or vir-gin fiber which has never been re-claimed from any spun, woven, knitted,felted, bonded, or similarly manufac-tured product.

§ 303.36 Form of separate guaranty.

(a) The following are suggested formsof separate guaranties under section 10of the Act which may be used by aguarantor residing in the United Stateson or as part of an invoice or otherpaper relating to the marketing orhandling of any textile fiber productslisted and designated therein, andshowing the date of such invoice orother paper and the signature and ad-dress of the guarantor.


§ 303.37

(1) General form. We guarantee thatthe textile fiber products specifiedherein are not misbranded nor falselynor deceptively advertised or invoicedunder the provisions of the TextileFiber Products Identification Act andrules and regulations thereunder.

(2) Guaranty based on guaranty. Basedupon a guaranty received, we guar-antee that the textile fiber productsspecified herein are not misbranded norfalsely nor deceptively advertised orinvoiced under the provisions of theTextile Fiber Products IdentificationAct and rules and regulations there-under.

NOTE: The printed name and address on theinvoice or other paper will suffice to meetthe signature and address requirements.

(b) The mere disclosure of requiredinformation including the fiber contentof a textile fiber product on a label oron an invoice or other paper relating toits marketing or handling shall not beconsidered a form of separate guar-anty.

§ 303.37 Form of continuing guaranty

from seller to buyer.

Under section 10 of the Act, a sellerresiding in the United States may givea buyer a continuing guaranty to beapplicable to all textile fiber productssold or to be sold. The following is theprescribed form of continuing guarantyfrom seller to buyer.

We, the undersigned, guaranty that all tex-tile fiber products now being sold or which


may hereafter be sold or delivered to __are not, and will not be misbranded norfalsely nor deceptively advertised orinvoiced under the provisions of the TextileFiber Products Identification Act and rulesand regulations thereunder. This guarantyeffective until

Dated, signed, and certified this _ day of-, 19 , at - (City), _

(State or Territory) (name underwhich business is conducted.)

Under penalty of perjury, I certify that theinformation supplied in this form is true andcorrect.

Signature of Proprietor, Principal Partner,or Corporate Official

Name (Print or Type) Title

[48 FR 12518, Mar. 25, 1983]

§ 303.38 Continuing guaranty filed

with Federal Trade Commission.

(a)(1) Under section 10 of the act anyperson residing in the United Statesand marketing or handling textile fiberproducts may file a continuing guar-anty with the Federal Trade Commis-sion. When filed with the Commission acontinuing guaranty shall be fully exe-cuted in duplicate. Forms for use inpreparing continuing guaranties will besupplied by the Commission upon re-quest.

(2) Continuing guaranties filed withthe Commission shall continue in ef-fect until revoked. The guarantor shallpromptly report any change in businessstatus to the Commission.

(b) Prescribed form for a continuingguaranty:



CONTINUING GUARANTY

1. LEGAL NAME OF GUARANTOR FIRM

2. NAME UNDER WHICH GUARANTOR FIRM DOES BUSINESS. IF DIFFERENT FROM LEGAL NAME

3. TYPE OF COMPANY

03 PROPRIETORSHIP 03 PARTNERSHIP 03 CORPORATION4. ADDRESS OF PRINCIPAL OFFICE OR PLACE OF BUSINESS (bitds Zip Code) OPTIONAL INFORMATION

TELEPHONE NUMBER:

FAX NUMBER:

INTERNET ADDRESS:

S. LAW UNDER WHICH THE CONTINUING GUARANTY IS TO BE FILED (Put an X in de ewmpdats bones)[ Under the Texile Fiber Products Idenfcatto Act (15 U.S.C. I §70-70k): The company named above. which manufactures, markets, or handles

de fiber products. guarantees that -wan A shioo or defm any tudge fiber product tre product wit not be misbrarded. falsely or deceptielyInvoiced, or falsely or deceptively advertised. witrin ge meaning of tle TeAd] Fiber Products Identiftation Ad am tie les and regulations underthat AOL

Under the Wool Products Labeling Act (15 U.S.C. 5 I 684M: The company nared above. which manufactures, markets, or handles woolE3 products, guarantees that whoen it ships or dellVers any wool produc, the product wil not be misbranded within the meaing of the Wool ProductsLabeling Act end the ruls and regulations under tat Ac.

Under the Fur Products Labeling Act (15 U.S.C. I I 699k): The company named above. wthic manufactures, markets. or handles fur products,1 guarantees that when it ships or delivers any fur producL the product will not be misbranded. falsely ordecepively invoiced, or falaly or deceptiely

advertised, within the meaning of the Fur Product Labeling Ac and the mles and rgulationa under that Act.

S. CERTIFICATION

Under penalty of perury. I crtfy that te Infomation supplied on this form is brue and correct.

SIGNATURE OF PROPETOR. PRINCPAL PARTNER OR CORPORATE OFFICIAL

7. NAME (Plesseprint ortoo) I8 .

TIL

9. CITY AND STATE WHERE SIGNED 11.DATE

INSTRUCTIONSThe Tetile Fiber Products Ideltflicaton Act. the Wool Products Labetng (c) Send t o completed. signed original copis to:Act and the Fur Products Labelbg Act provide that any mukter or Federal Trade Cormnlssionmanufacturer of fibero fur products coverd by hcoe Act may ile a Divislon of Enforcemerncontinuing guaranty with the Federal Trade Commisson. A continuing 600 Pemnsylvnis Ave. NWguaranty on file assures customfe-fo that the guaarnldos products am Washington. DC 20580in confomance with the Acs) under which Ste guarantor has fled.Customer ftins rely n the continuing guarieots for protsict from (d) Do not tax application - mal signed originals only.liability if violations occur.

Continuing guaranties filed with the Commision conlinue in effect untilIn completing this forio, please observe the following: revoked. The guarantor mut Immediately nobly the Commission in(a) Al approp iate blenra on the form should be filled In. Include your writng of any change in busness status. Any change in the address of the

Zip Code in Item 4. guarntors principal offico and pliac of business must also be promptlyreported.

(b) In Item 6, signature of proprietor. partner, or corporate official ofguarantor firm. DO NOT USE THIS SPACE

Filed _ 19

FEDERAL TRADE COMMISSION

FTC For 31-A (rev. 1I IM)10

(c) Any person who has a continuingguaranty on file with the Commissionmay, during the effective dates of theguaranty, give notice of such fact bysetting forth on the invoice or other

paper covering the marketing or han-dling of the product guaranteed the fol-lowing:

§ 303.38


§ 303.39

Continuing guaranty under the TextileFiber Products Identification Act filed withthe Federal Trade Commission.

(d) Any person who falsely representsin writing that he has a continuingguaranty on file with the FederalTrade Commission when such is not afact shall be deemed to have furnisheda false guaranty under section 10(b) ofthe Act.

[24 FR 4486, June 2, 1959, as amended at 48 FR12517, Mar. 25, 1983; 63 FR 7521, Feb. 18, 1998;63 FR 71585, Dec. 28, 1998]

§ 303.39 Maintenance of records.

(a) Pursuant to the provisions of sec-tion 6 of the Act, every manufacturerof a textile fiber product subject to theAct, irrespective of whether any guar-anty has been given or received, shallmaintain records showing the informa-tion required by the Act and Regula-tions with respect to all such textilefiber products made by such manufac-turer. Such records shall show:

(1) The generic names and percent-ages by weight of the constituent fiberspresent in the textile fiber product, ex-clusive of permissive ornamentation,in amounts of five per centum or more.

(2) The name, provided for in §303.19,or registered identification numberissued by the Commission, of the man-ufacturer or of one or more personsmarketing or handling the textile fiberproduct.

(3) The name of the country wheresuch product was processed or manu-factured as provided for in §303.33.

The purpose of the records is to permita determination that the requirementsof the Act and Regulations have beenmet and to establish a traceable line ofcontinuity from raw material throughprocessing to finished product.

(b) Any person substituting a stamp,tag, label, or other identification pur-suant to section 5(b) of the Act shallkeep such records as will show the in-formation set forth on the stamp, tag,label, or other identification that heremoved and the name or names of theperson or persons from whom such tex-tile fiber product was received.

(c) The records required to be main-tained pursuant to the provisions of


this rule shall be preserved for at leastthree years.

[24 FR 4480, June 2, 1959, as amended at 53 FR31315, Aug. 18, 1988]

§ 303.40 Use of terms in written adver-tisements that imply presence of afiber.

The use of terms in written adver-tisements, including advertisementsdisseminated through the Internet andsimilar electronic media, that are de-scriptive of a method of manufacture,construction, or weave, and that bycustom and usage are also indicative ofa textile fiber or fibers, or the use ofterms in such advertisements that con-stitute or connote the name or pres-ence of a fiber or fibers, shall bedeemed to be an implication of fibercontent under section 4(c) of the Act,except that the provisions of this sec-tion shall not be applicable to non-de-ceptive shelf or display signs in retailstores indicating the location of textilefiber products and not intended as ad-vertisements.

[63 FR 7523, Feb. 13, 1998]

§303.41 Use of fiber trademarks andgeneric names in advertising.

(a) In advertising textile fiber prod-ucts, the use of a fiber trademark shallrequire a full disclosure of the fibercontent information required by theAct and regulations in at least one in-stance in the advertisement.

(b) Where a fiber trademark is usedin advertising textile fiber productscontaining more than one fiber, otherthan permissible ornamentation, suchfiber trademark and the generic nameof the fiber must appear in the requiredfiber content information in immediateproximity and conjunction with eachother in plainly legible type or let-tering of equal size and conspicuous-ness.

(c) Where a fiber trademark is used inadvertising textile fiber products con-taining only one fiber, other than per-missive ornamentation, such fibertrademark and the generic name of thefiber must appear in immediate prox-imity and conjunction with each otherin plainly legible and conspicuous typeor lettering at least once in the adver-tisement.



(d) Where a fiber trademark or ge-neric name is used in non-required in-formation in advertising, such fibertrademark or generic name, shall notbe used in such a manner as to be false,deceptive, or misleading as to fibercontent, or to indicate, directly or in-directly, that a textile fiber product iscomposed wholly or in part of a par-ticular fiber, when such is not the case.

§303.42 Arrangement of informationin advertising textile fiber prod-ucts.

(a) Where a textile fiber product isadvertised in such manner as to requiredisclosure of the information requiredby the Act and regulations, all parts ofthe required information shall be stat-ed in immediate conjunction with eachother in legible and conspicuous typeor lettering of equal size and promi-nence. In making the required disclo-sure of the fiber content of the product,the generic names of fibers present inan amount 5 percent or more of thetotal fiber weight of the product, to-gether with any fibers disclosed in ac-cordance with §303.3(a), shall appear inorder of predominance by weight, to befollowed by the designation "otherfiber" or "other fibers" if a fiber or fi-bers required to be so designated arepresent.

(b) Non-required information or rep-resentations shall in no way be false,deceptive, or misleading as to fibercontent and shall not include anynames, terms, or representations pro-hibited by the Act and regulations.Such non-required information or rep-resentations shall not be set forth or soused as to interfere with, minimize, ordetract from the required information.

(c) Non-deceptive terms which areproperly and truthfully descriptive of afiber may be used in conjunction withthe generic name of such fiber; as forexample: "cross-linked rayon," "solu-tion dyed acetate," "combed cotton,""nylon 66," etc.

[24 FR 4480, June 2, 1959, as amended at 30 FR14254, Nov. 13, 1965; 30 FR 15313, Dec. 11, 1965;63 FR 7523, Feb. 13, 1998]

§ 303.43 Fiber content tolerances.

(a) A textile fiber product which con-tains more than one fiber shall not bedeemed to be misbranded as to fiber

content percentages if the percentagesby weight of any fibers present in thetotal fiber content of the product, ex-clusive of permissive ornamentation,do not deviate or vary from the per-centages stated on the label in excessof 3 percent of the total fiber weight ofthe product. For example, where thelabel indicates that a particular fiberis present in the amount of 40 percent,the amount of such fiber present mayvary from a minimum of 37 percent ofthe total fiber weight of such productto a maximum of 43 percent of thetotal fiber weight of such product.

(b) Where the percentage of any fiberor fibers contained in a textile fiberproduct deviates or varies from thepercentage stated on the label by morethan the tolerance or variation pro-vided in paragraph (a) of this section,such product shall be misbranded un-less the person charged proves that theentire deviation or variation from thefiber content percentages stated on thelabel resulted from unavoidable vari-ations in manufacture and despite theexercise of due care.

(c) Where representations are madeto the effect that a textile fiber prod-uct is composed wholly of one fiber, thetolerance provided in section 4(b)(2) ofthe Act and paragraph (a) of this sec-tion shall not apply, except as to per-missive ornamentation where the tex-tile fiber product is represented to becomposed of one fiber "exclusive of or-namentation."

§ 303.44 Products not intended for uses

subject to the act.

Textile fiber products intended foruses not within the scope of the Actand regulations or intended for uses inother textile fiber products which areexempted or excluded from the Actshall not be subject to the labeling andinvoicing requirements of the Act andregulations: Provided, An invoice orother paper covering the marketing orhandling of such products is given,which indicates that the products arenot intended for uses subject to theTextile Fiber Products IdentificationAct.

§ 303.44



§ 303.45 Exclusions from the act.

(a) Pursuant to section 12(b) of theAct, the Commission hereby excludesfrom the operation of the Act:

(1) All textile fiber products except:(i) Articles of wearing apparel:(ii) Handkerchiefs;(iii) Scarfs;(iv) Beddings;(v) Curtains and casements;(vi) Draperies;(vii) Tablecloths, napkins, and doi-

lies;(viii) Floor coverings;(ix) Towels;(x) Wash cloths and dish cloths;(xi) Ironing board covers and pads;(xii) Umbrellas and parasols;(xiii) Batts;(xiv) Products subject to section 4(h)

of the Act;(xv) Flags with heading or more than

216 square inches (13.9 dm 2 ) in size;(xvi) Cushions;(xvii) All fibers, yarns and fabrics

(including narrow fabrics except pack-aging ribbons);

(xviii) Furniture slip covers andother covers or coverlets for furniture;

(xix) Afghans and throws;(xx) Sleeping bags;(xxi) Antimacassars and tidies;(xxii) Hammocks;(xxiii) Dresser and other furniture

scarfs.(2) Belts, suspenders, arm bands, per-

manently knotted neckties, garters,sanitary belts, diaper liners, labels (ei-ther required or non-required) individ-ually and in rolls, looper clips intendedfor handicraft purposes, book cloth,artists' canvases, tapestry cloth, andshoe laces.

(3) All textile fiber products manu-factured by the operators of companystores and offered for sale and sold ex-clusively to their own employees as ul-timate consumers.

(4) Coated fabrics and those portionsof textile fiber products made of coatedfabrics.

(5) Secondhand household textile ar-ticles which are discernibly second-hand or which are marked to indicatetheir secondhand character.

(6) Non-woven products of a dispos-able nature intended for one-time useonly.

(7) All curtains, casements, draperies,and table place mats, or any portionsthereof otherwise subject to the Act,made principally of slats, rods, orstrips, composed of wood, metal, plas-tic, or leather.

(8) All textile fiber products in a formready for the ultimate consumer pro-cured by the military services of theUnited States which are bought accord-ing to specifications, but shall not in-clude those textile fiber products soldand distributed through post ex-changes, sales commissaries, or shipstores; provided, however, that if themilitary services sell textile fiber prod-ucts for nongovernmental purposes theinformation with respect to the fibercontent of such products shall be fur-nished to the purchaser thereof whoshall label such products in conformitywith the Act and regulations beforesuch products are distributed for civil-ian use.

(9) All hand woven rugs made by Nav-ajo Indians which have attached there-to the "Certificate of Genuineness"supplied by the Indian Arts and CraftsBoard of the United States Departmentof Interior. The term Navajo Indianmeans any Indian who is listed on theregister of the Navajo Indian Tribe oris eligible for listing thereon.

(b) The exclusions provided for inparagraph (a) of this section shall notbe applicable (1) if any representationsas to the fiber content of such productsare made on any label or in any adver-tisement without making a full andcomplete fiber content disclosure onsuch label or in such advertisement inaccordance with the Act and regula-tions with the exception of those prod-ucts excluded by paragraph (a)(6) ofthis section, or (2) if any false, decep-tive, or misleading representations aremade as to the fiber content of suchproducts.

(c) The exclusions from the Act pro-vided in paragraph (a) of this sectionare in addition to the exemptions fromthe Act provided in section 12(a) of theAct and shall not affect or limit suchexemptions.

(Sec. 12, 72 Stat. 1723; 15 U.S.C. 70j)

[24 FR 4480, June 2, 1959, as amended at 25 FR4318, May 14, 1960; 25 FR 7044, July 26, 1960; 29FR 48, Jan. 3, 1964; 61 FR 11544, Mar. 21, 1996]

§ 303.45


Documents

Pure Bamboo, LLC, Appendix A - Federal Trade Commissioncovers, blankets, comforters, pillows, pillowcases, quilts, bedspreads, pads, and all other textile fiber products used or intehded